LJN Newsletters

In Lothian Oil, discussed herein, the Fifth Circuit considered for the first time whether a bankruptcy court has the power to recharacterize debt as equity.

Sending the debtors back to the drawing board after almost three years in bankruptcy, the bankruptcy court has for the second time denied confirmation of the Plan of Reorganization for Washington Mutual, Inc. ("WaMu").

In early 2011, we began planning to move offices, prompting us to take stock of all our technology. We were running Windows XP and Office 2007 and could have stayed on Worldox GX, but GX2 included a feature called "Workspaces" which would help us supplement our author-based profiling system, thereby helping lawyers and staff to organize and find documents more readily. Thus, we began to build the case internally for upgrading to GX2.

Responding to Hart-Scott-Rodino Act Requests for Additional Information and Documentary Materials (more commonly known as "Second Requests") presents substantial challenges in assembling a comprehensive and complete production of requested information and documents from company archives.

While attorneys understand the importance of client confidentiality, many are less concerned about data security. This can be a serious oversight, since law firms are becoming increasingly vulnerable to security breaches. As other industries such as healthcare, financial services and the government start to recognize the dangers of security breaches and deploy more stringent security measures, the hacker community has begun to eye the legal industry as low-hanging fruit.

While many scholars and practitioners continue to simply lament the widening gap between "ideal" e-discovery regulations and the painful realities of the current legal system, a growing minority from both the bench and bar are working hard to fill the void in a number of innovative ways.

This article provides a checklist of best practices for both in-house and outside counsel to consider, discuss and monitor throughout the litigation to ensure confidence in the client relationship and the e-discovery process.

In order to find buried treasure in your company's insurance policies, it is first important to understand how it was lost in the first place. There are many ways in which companies overlook or fail to pursue available insurance resources. Here are some of the more common.